Darling & Risbrough offers a full range of business and litigation services to its clients in four primary practice groups: Business Litigation, Business Transactions, Insurance Litigation and Labor and Employment. Across these practice areas, we represent all types of clients, from multi-national corporations to emerging tech start ups to individual insurance policyholders.

Darling & Risbrough business litigators represent companies and individuals in all types of commercial disputes, including real estate, financial institution, intellectual property, trade secret and general business disputes.

Litigation

Darling & Risbrough has represented a large and diverse number of local, national and international clients including financial institutions, real estate companies, manufacturers, trucking and motor coach companies and insurance companies and their clients. The firm has also proudly represented individuals, homeowners and small and large businesses and owners in all areas of need from business formation to litigation. The firm has handled litigation in complex, mass tort matters in both Federal and State Courts. The litigation department prides itself on responsiveness, thorough analysis and providing cost efficient and effective outstanding results for clients of any size.

Business Litigation

Darling & Risbrough attorneys are skilled in representing businesses in both trial and appellate advocacy in state, federal and administrative forums, building a remarkable record of success for our clients. Our goal is always to represent our clients efficiently and effectively to achieve the best results on their behalf.
Darling & Risbrough has the expertise to provide strategic litigation counsel in a variety of commercial litigation areas, including:

The handling of trials and trial related matters is the focal point of the firm's litigation practice. The firm recognizes that even with increasing specialization within the legal profession, the skills of trial lawyers in negotiations and the trial of cases, and in utilizing other means of resolving disputes, are extremely important. The firm is experienced in a wide variety of general civil litigation in both federal and state courts. The firm also represents clients before state and federal regulatory bodies and advises business clients in non-adversarial settings regarding litigation-related matters such as creditors' rights, employer-employee relations and strategic issues.

Business Transactions

Darling & Risbrough business attorneys advise clients in a wide array of business transactions, from business formation to legal issues surrounding the operation and growth of a business and major business transactions such as buying, selling or merging existing businesses. Our attorneys draw on years of experience to provide cost-effective and practical representation of domestic and foreign corporations, investors and entrepreneurs.
Our business attorneys represent clients in many different industries, including software, manufacturing, real estate, entertainment, medical devices and other services and technologies by understanding the nuances of our clients’ industry, we are able to provide knowledgeable and practical counsel in all areas where we are engaged.

Darling & Risbrough has significant experience and expertise in the following areas:

Emerging Businesses

Our attorneys have significant experience representing companies and their founders throughout the formative stages. Darling & Risbrough attorneys advise new companies on formation, capital structure, management contracts and incentive plans. We also assist in helping to define the relationships between founders, managers and investors -- a critical and vital step for the future of any business.

Existing Businesses

For established businesses, we often act as outside general corporate counsel. We negotiate, prepare and review contracts, such as technology licensing, sales and supply contracts, distribution and sales representative agreements, leases, nondisclosure agreements, joint venture/strategic alliance agreements, executive compensation arrangements and similar documents. We also assist in the acquisition or leasing of real estate, preparation of employee incentive plans, and raising capital.

International Businesses

Additionally, Darling & Risbrough has special expertise in representing international businesses in transactions in the United States, whether it involves the establishment of a local subsidiary or a major acquisition, joint venture, equity investment or licensing transaction. We also counsel foreign businesses in connection with their ongoing contractual relationships with domestic customers, suppliers and distributors.

Construction Law and Litigation

Darling & Risbrough has unparalleled experience representing companies in all types and sizes of construction matters. We take a proactive approach to our clients' legal needs, advising them on practices to help them minimize exposure to risk and strengthen their positions should they need to pursue or defend a claim. We work with our clients in all phases of construction, from drafting and negotiating contracts, to resolving indemnity and property loss disputes, to representing clients in construction defect litigation and warranty disputes.

Insurance Litigation/Defence

Financial Institutions Litigation

The firm's financial services practice area includes representation of banks, equipment leasing companies, mortgage companies, commercial finance companies, and other institutional lenders which provide financial services to both consumers and businesses. The firm has extensive litigation experience in the following relevant areas: collections and default management, lender liability, Truth-in-Lending, bank fraud, wrongful foreclosure, UCC matters, condemnations, RESPA, lien avoidance, title litigation, and more.
Darling & Risbrough attorneys are experienced in defending financial institutions in a variety of disputes brought against them by individual and commercial borrowers. The complex rules that financial institutions must comply with when issuing loans or seeking foreclosure upon default provide opportunities for borrowers to make allegations of malfeasance. Our attorneys are skilled in litigating and defeating these claims in both state and federal courts.

Darling & Risbrough has expertise representing financial institutions against the following claims, among others:

Appellate Department

Our appellate attorney’s have achieved outstanding results at all levels in California including the California Supreme Court, the California Courts of Appeal and the Superior Court Appeal Department. The firm takes pride in effective advocacy articulated in a persuasive and logical manner. In both submitted briefing and oral advocacy, Darling & Risbrough has been recognized as leader in this area. In 2004, Partner Robert Risbrough was recognized by California Lawyer Magazine, the official publication of the State Bar of California, as an Attorney of the Year for Appellate Advocacy for the California State Supreme Court case of Rojas v. Superior Court (2004) 33 Cal.4th 407, 15 Cal.Rptr.3d 643, 93 P.3d 260 for which Mr. Risbrough was the trial attorney and appellate counsel.

Real Estate

Darling & Risbrough has extensive experience in a variety of real estate litigation matters, including representation of and for the title insurance industry, secured lenders, developers, and landowners. Members of the firm are experienced in handling a wide variety of real property disputes including quiet title actions, partitions, easements, claims for slander of title, instrument reformation, tax sale disputes, boundary disputes, purchase and sale disputes, title insurance coverage issues and foreclosure litigation. The firm's significant experience in representing the financial services industry provides a valuable asset in our representation of the title insurance industry and its insureds. The firm also has extensive experience in the representation of real estate agents and brokers in matters involving claims of negligence and fraud, as well as other claims arising out of real estate purchase and sale transactions, real estate errors and omissions claims, claims against property managers, construction disputes, and other real estate related litigation.

We have significant experience in structuring and negotiating commercial real estate transactions that allow our clients to acquire, refinance and lease the space necessary to operate their businesses. Our areas of specialization include the acquisition and disposition of commercial real estate, including multi-family housing projects and shopping centers, and retail, office and commercial leasing, representing both landlords and tenants. We have represented borrowers and lenders in real estate-secured loans and construction loans in more than 50 transactions, and purchasers and sellers in sales transactions involving more than $200 million in total value.

Darling & Risbrough attorneys have significant experience in guiding clients through various real estate transactions, including property acquisition, construction, leasing and operation. Our clients include real estate investors, commercial and residential developers, and owners and operators of real estate. Darling & Risbrough attorneys work closely with our clients to determine their goals and objectives, and we are able to provide sound advice and judgment on:

Purchase and sale

Leasing

Financing and entity formation

Construction and development

Insurance

Darling & Risbrough attorneys also represent clients in real property disputes in both state and federal courts and before arbitration panels. Some of these claims have included breach of a purchase and sale agreements, lease disputes, construction issues and insurance claims.

When our clients' real estate interests intersect with other areas of law, we leverage our expertise in other practice areas to help them achieve their objectives.

Entity Formation and Corporate Governance

We have formed hundreds of California corporations, limited liability companies and limited partnerships, and have negotiated agreements by and among founders and investors. We regularly advise entities and management on their fiduciary duties to minority equity holders and creditors, and on a whole host of other corporate, securities and related legal issues that arise in the normal course of business. We also have extensive experience advising companies and shareholders involved in disputes among equity holders.